Chapter 12 Public Property

CHAPTER XII. PUBLIC PROPERTY

Article 1. City Parks
Article 2. Park Advisory Board
Article 3. Library

CITY LAWS EXTENDED TO PARK. The laws of the city shall extend to and cover all city parks. (Code 2001)
POLICE JURISDICTION OVER PARKS. The city shall have police regulations governing any public parks belonging to the city and the chief of police and law enforcement officers of the city shall have full power to enforce city laws governing city parks and shall maintain order therein. (Code 2001)
DAMAGING PARK PROPERTY. It shall be unlawful for any person, except duly authorized city employees, to willfully or wantonly remove, injure, tarnish, deface or destroy any building, walk, bench, tree or improvement or property of any kind belonging to any park owned by the city. (Code 2001)
DANGEROUS WEAPONS NOT ALLOWED.
- Except as provided in subsection (b), it shall be unlawful for any person to carry or have in his or her possession any firearm or dangerous weapon or to shoot or discharge the same within the limits of any city parks.
- The provisions of subsection (a) above shall not apply to duly authorized law enforcement officers in the performance of official duty. (Code 2001)
VEHICLE REGULATIONS.
- Motor vehicles, including any vehicle licensed to operate on public streets, roads and highways and motorbikes, go-carts, snowmobiles and other motorized off-the-road vehicles shall be operated in a safe and prudent manner at all times in park areas.
- Except as provided in subsection (d), it shall be unlawful for any person to park any motor vehicle in any area not designated for such purpose.
- Except as provided in subsection (d), it shall be unlawful for any person to operate any motor vehicle within any city park except upon roads, drives and parking areas established by the city.
- Subsections (b) and (c) above shall not apply to authorized city employees while engaged in the maintenance and care of the park.
- It shall be unlawful to operate any such vehicle in any park area at a speed in excess of 20 m.p.h. (Code 2001)
HUNTING. It shall be unlawful for any person to pursue, catch, trap, maim, kill, shoot or take any wildlife, either bird or animal, in any manner at any time while in any city park. (Code 2001)
FIRES. It shall be unlawful for any person to build or kindle any fire in any city park except in the ovens, stoves, or grills provided for that purpose by the city, and such fire must be extinguished by the person, persons or parties starting such fire, immediately after use thereof. (Code 2001)
CAMPING PROHIBITED. Overnight camping is hereby prohibited in city parks except where posted. (Code 2001)
SANITATION. All waste material, paper, trash, rubbish, tin cans, bottles, containers, garbage and refuse of any kind whatsoever shall be deposited in disposal containers provided for such purposes. No such waste or contaminating material shall be discarded otherwise. No sticks, stones, trash or other objects shall be thrown or discarded in or on any park lands, fountains, pools, drinking fountains, sanitary facilities, or other improvements. (Code 2001)
PROHIBITION AGAINST ALCOHOLIC BEVERAGES AND CEREAL MALT BEVERAGES. It shall be unlawful for any person or persons to use, consume or have on the premises of any park or other city property within the city any alcoholic liquor or cereal malt beverage. (Code 2001)
PRESERVATION OF NATURAL STATE. It shalt be unlawful for any person, except duly authorized city employees, to take, injure, or disturb any live or dead tree, plant, shrub, or flower, or otherwise interfere with the natural state of city parks. (Code 2001)
GENERAL REGULATIONS. The city may post such rules and regulations, as are approved by the Governing Body, pertaining to the use of the city parks in a conspicuous place in each city park. Violations of these posted rules shall constitute a violation of this code. (Code 2001)

PARK ADVISORY BOARD CREATED. There is hereby created a park advisory board composed of five regular members appointed from the city at large and one member from the city council who has been designated as park commissioner by the Mayor and shall also serve as the chairperson of the park advisory board. The members of the park advisory board shall be appointed by the Mayor with the approval of the city council and shall be required to be residents of the city. The member shall serve for a period of three years. After the initial appointment one of the members term shall expire on March 1, 1981, two of the members terms shall expire on March 1, 1982 and the remaining two terms shall expire on March 1, 1983. Upon the expiration of these initial terms of office all appointments made thereafter shall be made for a term of three years as set out above. (Ord. 243, Sec. 1)
SAME; DUTIES AND FUNCTIONS. The duties and functions of the park advisory board shall be to:
- Advise the city council on recommendations for improvements in the city park;
- Coordinate any volunteer labor offered for improving the city park;
- Receive and use private donations for the purpose of improvements in the city park; and
- Open an account in a banking institution to deposit donations received for improvements in the city.

One member of the park advisory board shall be named treasurer of the board and it will be the treasurers responsibility to receive and deposit donations in the park advisory boards bank account and keep a ledger showing from whom any donations were received and for what purpose donated funds were expended. The treasurer will also pay valid clams presented to the park advisory board for payment after approval of such claim by the park advisory board. (Ord. 243, Sec. 2)

SAME; NO AUTHORITY OVER OPERATION. The park advisory board shall not by this article be granted any authority over the operation of the park nor have any authority to make any rules or regulations governing the use of the park but shall be permitted to make recommendations to the city council for council action regarding any laws, rules or restrictions on the use of the city park. The actions of the park advisory board shall be subject to the direction of the representative of the city council duly appointed to direct the park advisory board in carrying out its functions. (Ord. 243, Sec. 3)

ARTICLE 3. LIBRARY

FAILURE TO RETURN LIBRARY MATERIALS. It is unlawful for any person to fail to return any book, newspaper, magazine, pamphlet, manuscript, article, art print, phonograph record, film or any other property owned by the public library after notice in writing to return the same within 30 days has been given to such person. Such notice shall be given after the expiration of the time which, by the rules of the library board, the book or other library material may be kept. (Ord. 311, Sec. 1)
FRAUD IN PROCURING LIBRARY PRIVILEGES. It is unlawful for any person to give a fictitious name or address at the public library in order to obtain possession or use of any book or any other property of the public library, or to use a library card other than his or her own to secure without permission of the owner thereof possession of any book or other property of the public library, or to conceal his or her identity or place of employment or residence in any manner whatsoever in order to secure possession of any book, library card, or any other property of the public library. (Ord. 311, Sec. 2)
NOTICE OF VIOLATION.
- Forpurposes of this article, wheneveritappears that there has been a violation of sections 12-301:302, the librarian of the public library shall give notice of such alleged violation to the person or persons responsible therefor as herein provided. Such notice shall:
  - Be in writing;
  - Particularize the violations alleged to exist or have been committed;
  - Specify that the person to whom the notice is issued shall have 30 days within which to correct the violations particularized;
  - Be addressed to and served upon the holder of the library card at the address which is most recent as it appears from such persons application for a library card.
- Provided, that such notice shall be deemed properly served upon such holder or owner of a library card if a copy thereof is served upon him or her personally, or if a copy thereof is sent by certified mail to the address listed as most recent on his or her application for a library card.
- In the event that the requested materials are not returned to the public library within the 30 day time period allowed in subsection (b), then the library board may establish and impose a fine for each day the materials were withheld beyond the required date established at the time of checkout. (Ord. 311, Sec. 3)
PROSECUTION; PRESUMPTION OF PROOF.
- In any prosecution charging a violation of sections 12-301:302, proof that a particular individual was the registered holder of a particular library card which was used to secure any book or any other library property shall constitute in evidence a prima facie presumption that the record owner or holder of such library card was the person who utilized the same to secure a particular book or any other property of the public library at the point where and at the time when such property was obtained.
- The foregoing stated presumption shall apply only when the procedure as prescribed in section 12-303 has been followed. (Ord. 311, Sec. 4)